Retirement Plans
Wang Austin LLC aids employers in the design, drafting and administration of retirement plans, including 401(k) plans, 403(b) plans, profit sharing plans, defined benefit pension plans, money purchase pension plans and cash balance plans.
We advise clients on the design, drafting and administration of non-qualified retirement plans, including excess benefit plans, supplemental executive retirement plans and deferred compensation plans.
We counsel clients on all aspects of legal compliance and the best practices for managing the administration of retirement plans. Our attorneys have deep experience with the issues affecting retirement plans. Our services include:
- Plan Creation, Maintenance, and Termination: We prepare and review plan and trust documents, including amendments for design changes and compliance with applicable laws and regulations.
- Plan Administration and Compliance: We counsel clients on daily plan administration and compliance issues; conduct legal reviews of retirement plans to ensure compliance with applicable laws; and provide guidance on best practices. We also review non-qualified deferred compensation retirement plans for compliance with Code Section 409A.
- Disclosure Obligations: We prepare and review summary plan descriptions, safe harbor plan notices, blackout notices, QDIA notices, and other participant communications.
- Fiduciary Obligations: We advise clients on fiduciary governance, including assisting with establishing fiduciary committees.
- Plan Corrections: We advise clients on correcting compliance issues. We can help correct plan documents, as well as operational and reporting errors, and prepare submissions under the IRS and DOL correction programs.
- Plan Testing Requirements: We counsel clients on the requirements related to coverage testing, non-discrimination testing, and QSLOB rules.
- QDRO: We review domestic relations orders and prepare QDRO procedures.
- Top Hat Plan Compliance: We counsel plan sponsors on ERISA top-hat plan requirements.
- Corporate Transactions: We navigate clients through the retirement plan considerations that arise in connection with corporate transactions.
